I was raped and i would like to know what my husband can do to adopt my son.?

Robin

I agree that you need to seek the advice of a family attorney.

I just had to correct the misinformation you've received regarding your husband being the "legal" father by virtue of your marriage to him. That may be the case. And it may NOT be...depending on the state you gave birth in.

The laws vary GREATLY between states. In some states, if you aren't married to the child's father, you can not put his name on the child's birth certificate. In other states, a husband is the legal father (regardless of biology). In the state where I live, the mother can name the father on the birth certificate regardless of marital status.

To check what the law in your state is regarding father's rights and the putative (presumed) father, click on the link below.

http://www.childwelfare.gov/systemwide/laws_policies/state/

Good luck and blessings to you & your family!

Torrejon

The child in question is now 3 months old. What information did you provide on his birth certificate?

A great deal depends on the country in which you were #1 married, #2 raped, #3 gave birth, and #4 wish to adopt.

If you're really serious, consult an attorney...not advice on Yahoo!
Answers.

If he was born during the marriage he does not need to adopt him. Legally the courts see him as his son

PRiSCiLLA

you should call an attorney.

sizesmith

If you reported the rape, which you should have, take a copy of the police report to your family attorney, who can do a step-parent adoption.

If you didn't report the rape, go do it now. Take your child (and your husband to care for him while you're interviewed), and medical record of your pregnancy to the police station with you. They'll take yours and your son's DNA, and if the rapist has been convicted of a felony, there's a good chance they'll catch him, sever parental rights, and stop it from happening to another woman. At that point, then your husband can do a step-parent adoption.

Independ"ant"

The first thing I would do is find out what the statue of limitations are for filing rape charges. In case the perp pops up out of nowhere to claim parental rights to the child. I would suggest at least making out a police report if you haven't already.

Call an attorney and let them walk you through the process.....

PebblesB

You need to speak to a family attorney. They will be able to get you the paperwork needed.

Crucio

If you were married when he was born there is no need to adopt. Your husband is seen as the legal father. A woman's husband is always the legal father of her baby regarldess if he is the biolgoical father or not.

If you married afterwards i would contact a lawyer and see what you call can do. It might be easy since you dont even know who fathered your child.

Princess Smartypants

If you are legally married paternity is implied. You could have just put your husbands name on the birth certificate. I would consult an attorney to discuss the laws in your area.

You are doing the right thing. Your son is lucky to have you and your husband!

IDK!!

My nieces father is in prison for raping my sister. His mother tried to get grandparents rights. My sister was able to get my nieces name changed to her now married name and will file for my BIL to adopt her. If there is no contact for a period of time you can claim abandonment.

Maybe you can get him to relinquish his rights and imply that a 3rd party would be adopting.

god luck and be careful.

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